LAHORE: A Lahore High Court full bench on Friday restrained the Election Commission of Pakistan from passing any final order in proceedings related to intra-party polls of the Pakistan Tehreek-i-Insaf, allowing it to submit a written reply.
The five-member bench headed by Justice Shams Mehmood Mirza heard two separate petitions filed by the PTI and its Chairman Barrister Gohar Khan against the commission’s orders for an inquiry into its intra-party polls.
Other members of the bench were Justice Shahid Karim, Justice Shehram Sarwar Chaudhry, Justice Jawad Hassan and Justice Rasaal Hassan Syed.
Advocate Uzair Karamat Bhandari represented the petitioners and Advocate Imran Ranjha appeared on behalf of the ECP. The commission’s lawyer sought time to obtain instructions in the matter and to file a reply.
The bench allowed the request, however, restrained the commission from passing any final order in the impugned proceedings.
The bench adjourned the hearing till Dec 13.
The petitions raised objections to the jurisdiction of the ECP to hold an inquiry into party’s polls. It objected to the failure to return the items seized during a raid on the PTI office by the FIA.
The petitions pointed out that the ECP’s behavior was biased and arbitrary orders were being issued.
The petitions asked the court to set aside the decision of the ECP for being illegal.
In the impugned decision, the ECP had rejected the pleas of the PTI, ruling that the commission had the powers to regulate the intra-party polls.
It said the Elections Act 2017 mandates that a political party registered with the ECP must periodically elect its office-bearers at the federal, provincial, and local levels in accordance with the party’s constitution.
The ECP had instructed the PTI to approach the competent court of law for the return of files, computers, hard drives, etc. seized by the FIA.
The commission had also rejected a plea of the PTI to stay the proceedings of intra-party election matter till announcement of a detailed judgement by the Supreme Court in the reserved seats case.
The ECP observed that the PTI had already delayed the matter and violated various provisions of the Elections Act 2017.
Published in Dawn, October 19th, 2024